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STATE EX REL. CITY OF KAHOKA v. WEBBER

No. 43343.

618 S.W.2d 267 (1981)

STATE ex rel. CITY OF KAHOKA, a Municipal Corp., Relator, v. Hon. E. Richard WEBBER, Judge of the First Judicial Circuit of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

June 9, 1981.

Attorney(s) appearing for the Case

J. Patrick Wheeler, Canton, Ralph Breidenstein, Kahoka, for relator.

J. William Holliday, Kahoka, Jerome Seigfreid, Louis Leonatti, Mexico, for respondent.

SMITH, Judge.

This matter is before us following our issuance of an alternative writ of mandamus requiring the respondent to dismiss the underlying lawsuit (City of Kahoka v. Bradley et al) or to proceed to trial thereon or to show cause why he should not do one or the other. That lawsuit was a declaratory judgment action by the City of Kahoka seeking authorization pursuant to Sec. 71.015, RSMo 1978 to annex certain...

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